Terms & Conditions
Date Published: 04/05/2015
By accessing this website you are agreeing to the terms and conditions that appear below.
This website and its products are provided by TheGrad, a brand name of Surge Capital limited. For more information or any queries please contact us at: 15 Blossom Way, London, UB7 9HF.
- Introduction and definitions
The services offered by TheGrad through the website include any features, content, or applications offered or made available from time to time by TheGrad and/or its licensors in connection with the website (collectively, the “services”). The services are hosted in the United Kingdom.
“TheGrad”, a brand name of Surge Capital Limited (whose registered office is at 15 Blossom Way, West Drayton, Hillingdon, London – UB7 9HF), is also referred to as “we”, “us” and “our”.
“Websites” means the websites and WAP sites (including their constituent pages) with their homepages as set out below (and “website” means any one of them) for example,
any other site, WAP site or web address owned or operated by a member of the Surge Capital Limited as may link to these terms and conditions.
TheGrad may modify this agreement occasionally and such modification shall be effective upon posting by TheGrad on the website. We will provide a clear link within the website to the then current agreement. You agree to be bound by any changes to this agreement when you access the website or use the services after any such modification is posted. If you do not agree to be bound by them, you should not use the website or the services.
- Unacceptable Content
- Please choose carefully the information you post on the website that you provide to other users. Your website profile and other content (as defined in clause 11.1 below) submitted by you to the website may not include the following items; last names, telephone numbers, street addresses or other contact details or identifying information of private individuals, contact details of public figures and any photographs containing nudity, or obscene, lewd, violent, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, it is possible that content provided by other users (for instance, in a member’s profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, TheGrad, in this instance holds no responsibility or liability for this material. If you become aware of misuse of the website or the services by any person, please contact email@example.com.
- TheGrad reserves the right, in its sole discretion, to reject or refuse to post any content and to remove any content (including private messages) from the website, whether or not the content is expressly prohibited by this agreement, or to restrict, suspend, or terminate your access to all or any part of the services at any time, for any or no reason, with or without prior notice and without liability.
By using the services, you represent and warrant that (a) all registration information, employment information (including job advertisements or responses to job advertisements), or any other content you submit is truthful, accurate and not misleading; (b) you will maintain the accuracy of such information (including your email address) and remove or amend it when it is no longer accurate; (c) where registration as a member is required in order to use a service you are 16 years of age or older; and (d) your use of the services does not violate any applicable law or regulation, in particular , laws relating to discrimination, employment or human rights or other laws. Your profile may be deleted and your membership may be terminated without warning, if we believe that you are under 16 years of age. This also applies to any content that you submit to other users of the services, such as prospective employers or employees.
This Agreement shall remain in full force and effect while you use the services or as a member. You may terminate your membership at any time, for any reason, by writing to firstname.lastname@example.org. TheGrad may terminate your membership at any time, without warning. Even after membership is terminated, sections 9 – 26 inclusive of this Agreement will remain in effect.
You acknowledge that TheGrad reserves the right to charge for the services and to change any applicable fees from time to time in its discretion. If we terminate your membership or utilisation of any of the services because you have breached the agreement or other applicable terms and conditions you shall not be entitled to a refund of any unused portion of subscription fees.
When registering as a member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another member at any time or to disclose your password to any third party. You agree to notify TheGrad immediately by emailing email@example.com if you suspect any unauthorised use of your account or access to your password. You are solely responsible for any and all use of your account.
- Non-commercial Use
The services are for the personal use of users, or where specified, members only and may not be used in connection with any commercial endeavours except where and to the extent specifically be endorsed or approved by TheGrad. Illegal and/or unauthorised use of the services, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited emails or unauthorised framing of or linking to the website is prohibited. Commercial advertisements and other forms of solicitation are prohibited. Links may be removed at our discretion for any reason. Legal action may be taken for any illegal or unauthorised use of the services or the website please contact TheGrad by emailing firstname.lastname@example.org.
- Proprietary rights in content on the website
- TheGrad does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, or any other materials (collectively, “content”) that you post or email to the website or the services. After posting or emailing your content to the website or the services, you continue to retain all ownership rights in such content, and you continue to have the right to use your content in any way you choose. By displaying, emailing, publishing or submitting for display or publication (“posting”) any content on or through the website or the services, you hereby grant to TheGrad a worldwide sub-licensable, perpetual, transferable, non-exclusive, royalty free licence to use in any way whatsoever including but not limited to, public performance, public display, publishing, reproduction, broadcasting, amendment or modification of content, transmission and distribution of content on and through the website, the services and/or any newspaper or other publication published by TheGrad in its different present and future forms for example newsprint, Braille, talking book, electronic databases, e-paper, website or any other facsimile or derivative versions in any medium.
- You represent and warrant that: (i) you own the content posted by you on or through the website or the services or otherwise have the right to grant the licence set forth in this section, including, where relevant the Attribution-ShareAlike (as defined in section 10.5 below) and (ii) the posting of your content on or through the website or the services does not violate the privacy rights, copyright, contract rights or any other rights of any person, or otherwise breach any injunction, order or other legal ruling. You agree to pay for all royalties, fees, and any other monies owing to any person by reason of any content posted by you to or through the website or the services. You acknowledge that content submitted will not be returned.
- The website and/or the services contain content owned by TheGrad (“TheGrad Content”) The TheGrad Content is protected by copyright, trademark, patent, trade secret and other laws. TheGrad owns and retains all rights in the TheGrad Content and the website and the services TheGrad hereby grants you a limited, revocable, non-sub licensable license to reproduce and display the TheGrad Content (excluding any software code) solely for your personal, non-commercial use in connection with viewing the website and using the services.
- The website and the services contain content owned by users and other licensors to TheGrad (“Third Party Content”). Except for content posted by you, you may not unless and to the extent otherwise specifically authorised by TheGrad copy, modify, translate, publish, reproduce, commercially exploit, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the website or the services. You may retrieve and display content from the website or the services on a computer screen, print individual pages on paper, photocopy and store such pages in electronic form on disc (but not on any server or other storage device connected to a network) for your personal con-commercial use.
- In relation to Third Party Content posted on the Advice and News section of the website the terms of the Creative Commons License Deed Attribution-ShareAlike Unported (excluding sections 5, 6 and 8e) (“Attribution ShareAlike”) apply in addition to the terms of this agreement. In the event of any conflict between the terms of Attribution ShareAlike and this agreement, the terms of Attribution ShareAlike shall prevail.
- The paragraph also applies to any content that you submit to other users of the services, such as prospective employers or employees.
- E-mail Policy
- We will not respond unless required to do so by law to any electronic mail (“e-mail”) sent to us which contains threatening, abusive, malicious, pornographic, obscene, defamatory or otherwise illegal or inappropriate material. We reserve the right to take such action as we in our sole discretion deem fit in respect of such material. Prospective employers or employees are also under no obligation to respond to such emails.
- All e-mails received will be taken to be submitted, where appropriate, for publication, free of charge
- We will not disclose any personal information under any circumstances of any TheGrad and/or any of its associate companies’ staff. Where appropriate we will endeavour to respond to e-mails within 3 days of receipt, but we cannot and do not guarantee to respond to all e-mails within this time frame. E-mails will generally be stored for up to 12 months after which they will automatically be deleted. An e-mail sent to the incorrect destination is liable to be deleted immediately.
- Content posted
- TheGrad may delete, or in pre-moderated areas of the website refrain from posting any content that in the opinion of TheGrad violates this agreement, breaches any relevant house rules or which may be offensive, illegal or violate the rights of any person or which may harm, or threaten the safety of any person. Except to the extent which cannot be excluded or limited by law or regulation in respect of content on the website which we moderate before posting, TheGrad assumes no responsibility for monitoring the website or the services for inappropriate content or conduct. If at any time TheGrad chooses, in its sole discretion, to monitor the website or the services, except as required by law or regulation, TheGrad nonetheless assumes no responsibility for the content (other than TheGrad Content), no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the user submitting any such content.
- You are solely responsible for the content that you post on or through the website or any of the services, and any material or information that you transmit to other users and for your interactions with other users. TheGrad does not endorse and has no control over content posted by users. Content is not necessarily reviewed by TheGrad prior to posting and does not necessarily reflect the opinions or policies of TheGrad. TheGrad makes no warranties, express or implied, as to the content or to the accuracy and reliability of the content or any material or information that you transmit. This statement also applies to any content that you submit to other users of the services, such as prospective employers.
- Prohibited Content/Activity
The following is a partial list of the kind of content that is illegal or prohibited to post on or through the website or the services, including any content that you submit to other users of the services, such as prospective employers or employees. TheGrad reserves the right to investigate and take action against any user who, in the opinion of TheGrad, violates this provision, including without limitation, removing the offending communication from the website or the services, preventing access to the website and the services and/or terminating the membership of such violators and/or reporting to law enforcement authorities or regulatory bodies. Prohibited content includes, but is not limited to content that, in the opinion of TheGrad:
(i) is offensive;
(ii) promotes racism, terrorism, hatred or physical harm of any kind against any group or individual
(iii) harasses or advocates harassment of another person;
(iv) exploits people in a sexual or violent manner;
(v) contains nudity, violence, or offensive subject matter or contains a link to an adult website;
(vi) solicits personal information from anyone under 16;
(vii) provides any telephone numbers, street addresses, last names, email addresses or other contact or identifying details of any private individual;
(viii) provides any telephone numbers, street addresses, email addresses or other contact details of any public figure;
(ix) promotes information that you know or have reason to believe is false or misleading or promotes illegal activities or conduct that is objectionable, abusive, threatening, obscene, defamatory or libellous;
(x) promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files or file sharing;
(xi) involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming”, or “spamming”;
(xii) contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
(xiii) furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
(xiv) solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or
(xv) involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
The following is a partial list of the kind of activity that is illegal or prohibited on the Website and through your use of the services, including any content that you submit to other Users of the services, such as prospective employers or employees. TheGrad reserves the right to investigate and take appropriate legal action against anyone who, in the opinion of TheGrad, violates this provision, including without limitation, reporting such person to law enforcement authorities. Prohibited activity includes, but is not limited to:
(xvi) criminal activity or any tortious act or civil wrong, pornography, incitement to racial hatred, incitement to terrorism, fraud, posting obscene material, drug dealing, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, trade mark infringement, breach of confidence or theft of trade secrets;
(xvii) advertising to, or solicitation of, any user to buy or sell any products or services through the services. You may not transmit any chain letters or junk email to other users. It is also a violation of these rules to use any information obtained from the services in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent.
(xviii) covering or obscuring the banner advertisements on your personal profile page, or any page on the Website via HTML/CSS or any other means;
(xix) any automated use of the system, such as using scripts to perform automated operations;
(xx) interfering with, disrupting, or creating an undue burden on the website or the services or the networks or services connected to the website of the services;
(xxi) attempting to impersonate another member or person;
(xxii) using the account, username, or password of another member at any time or disclosing your password to any third party or permitting any third party to access your account;
(xxiii) selling or otherwise transferring your profile;
(xxiv) using any information obtained from the website or the services in order to harass, abuse, or harm another person;
(xxv) displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the website of the services on behalf of that person, such as placing commercial content on your profile, or sending private messages with a commercial purpose;
(xxvi) using the website or the services in a manner inconsistent with any and all applicable laws and regulations;
(xxvii)modifying, accessing or making available data stored on a computer device which you have accessed through our network, when either the owner of the data, computer or device has taken steps to prevent you from doing this or the owner has expressed a wish that you do not do this;
(xxviii) making available or uploading files that contain software or other material, data or information not owned or licenced to you or collecting information about others (eg names/addresses) without their prior consent;
(xxix) making available, uploading and distributing by any means any material or files that contain any viruses, bugs, corrupt data, trojan horses, worms or any other harmful software;
(xxx) falsifying the true ownership of software or other material or information contained in files made available via the Website or the Services; or
(xxxi) obtaining or attempting to obtain unauthorised access, through whatever means, to the website or the services, other services or computer systems or areas of our or any of our partners’ networks which are identified as restricted.
- Copyright Policy
You may not post, modify, distribute, or reproduce in any way any copyright material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. This applies to any material that you submit to other users of the services, such as prospective employers or employees. TheGrad prohibits the use of the website and/or the services of any user who infringes the copyright of others. Without limiting the foregoing, if you believe that your work has been copied and posted on the website and the services by another user in a way that constitutes copyright infringement, please notify us via the email@example.com email address accompanying the content in question and we will take such action (if any) that we in our absolute discretion deem appropriate.
- Member Disputes
You are solely responsible for your interactions with other users. TheGrad reserves the right, but has no obligation, to monitor disputes between you, as a user and other users.
TheGrad is not responsible for any incorrect or inaccurate content posted on the services or the website or in connection with the website or the services, whether caused by users of the website or the services or by any of the equipment or programming associated with or utilised in the website or the services. This applies to any content that is submitted to other users of the services, such as prospective employers or employees. We are not liable for any job that you may or may not obtain as a result of the service. Profiles created and posted by members on the website or the services may contain links to other websites although we are not responsible for any user generated links or linked-to content. TheGrad is not responsible for the content, accuracy or opinions expressed on such websites and such websites are in no way investigated, monitored or checked for accuracy or completeness by TheGrad. Inclusion of any linked website on the website and the services does not imply approval or endorsement of the linked website by TheGrad. When you access these third-party sites, you do so at your own risk. TheGrad takes no responsibility for third party advertisements which are posted on the website or through the services, nor does it take any responsibility for the goods or services provided by its advertisers. TheGrad is not responsible for the conduct, whether online or offline, of any user of the website or the services. TheGrad assumes no responsibility for any error, omission, interruption, deletion, corruption, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, any user communication or any content. TheGrad is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the internet or on any of the services or combination thereof, including any injury or damage to users or to any person’s computer related to or resulting from participation or downloading materials in connection with the website or the services. Under no circumstances shall TheGrad be responsible for any loss or damage resulting from use of the website or the services, attendance at an event organised through the website or the services, from any content posted on or through the website or the services, or from the conduct of any users of the website or the services, whether online or offline. The services are provided “AS-IS” and as available and TheGrad makes no representations or warranties of any kind as to the website, the services or the content. In particular TheGrad expressly disclaims any warranty of fitness for a particular purpose or non-infringement. TheGrad cannot guarantee and does not promise any specific results from use of the website and the services. Nothing in this agreement shall be construed as limiting or excluding TheGrad’s liability for death or personal injury caused by its negligence.
- Choice of Law and Jurisdiction
This agreement shall be governed by and interpreted in accordance with English law and you irrevocably agree that the courts of England and Wales shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with the agreement.
You agree to indemnify and hold TheGrad, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, demand, claim or legal proceedings brought or threatened, including expenses of any character suffered or incurred arising out of your use of the website or the services in violation of this agreement, and/or arising from your use of or conduct on the website or in use of the services (including where you have submitted content to other users of the services, such as prospective employers or employees) and/or a breach of this agreement.
This agreement is accepted upon your use of the website or any of the services and is further affirmed by you becoming a member. This agreement constitutes the entire agreement between you and TheGrad regarding the use of the website and the services. The failure of TheGrad to exercise or enforce any right or provision of this agreement shall not operate as a waiver of such right or provision. The section titles in this agreement are for convenience only and have no legal or contractual effect. TheGrad is a trademark of Surge Capital Limited. This agreement operates to the fullest extent permissible by law. If any provision of this agreement is unlawful, void or unenforceable, that provision is deemed severable from this agreement and does not affect the validity and enforceability of any remaining provisions.
- Additional Services
From time to time we may provide games or other content for your downloading. However, the download time may vary considerably between the types of content and you agree that you are wholly liable and responsible for any telephone call and/or other charges incurred in downloading the game.
- Advertising and Sponsorship
You may not assign, sub-license or otherwise transfer any of your rights under the agreement. If any part of the agreement is found to be invalid by any court having competent jurisdiction the validity of the remaining terms will be unaffected. If either party does not exercise any right or remedy under these terms, this will not be taken to mean that they have been waived.
- We may terminate the provision of the website or the services or restrict your access to them without any prior notice to you where (by way of example and without limitation): (1) there is a regulatory or statutory change limiting our ability to provide the website and/or the services; (2) any event beyond our reasonable control prevents us from continuing to provide the website or the services (for example, without limitation, technical difficulties, capacity problems and communications failures); or (3) we consider in our sole discretion that you are abusing the services provided by the website or are otherwise acting in breach of the agreement.
- As this is a shared service with other users, you agree that if the demand for the services provided by the website is in excess of our ability to meet the capacity, we may either share the capacity among all users or we may give you notice by e-mail that the provision of the website will terminate. Any such termination will not affect your accrued liabilities incurred prior to any such termination.
- House Rules
In addition to the terms and conditions set out above, you agree to use the services in accordance with any applicable house rules (“House Rules”) that we specify in relation to a service. You will also comply with those House Rules when you submit content to other users of the services, such as prospective employers or employees. All such House Rules shall form part of the agreement. In the event of a conflict between the terms and conditions set out above and any applicable House Rules the relevant House Rules shall prevail. Please contact us at: firstname.lastname@example.org with any questions regarding this Agreement. I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.